UnJustified

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Zero Business Hours Jun 01, 2025

Show notes

The Trump Administration files a motion to dismiss the Abrego Garcia case based on jurisdiction.

Judge Xinis denies two government motions requesting delays.

The government asked the Supreme Court for an emergency stay of their own request to do credible fear hearings on the ground in Djibouti for the men unlawfully flown to South Sudan.

Law enforcement continues to struggle under pressure from the White House to increase immigration arrests.

Trump nominates his private attorney turned Deputy Attorney General to the Third Circuit Court of Appeals.

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Crime is Like a Denny's May 25, 2025

Show notes

The Supreme Court remanded the Alien Enemies Act case back down to the 5th Circuit Court of Appeals, and at least one of the judges isn’t happy about it.

Abrego Garcia’s deportation to El Salvador set off a fierce debate among officials in three cabinet agencies, despite agreement there had been a mistake.

Tulsi Gabbard’s Chief of Staff ordered intelligence analysts to edit an assessment with the hope of insulating Trump and Gabbard from being attacked for the administration’s claim that Venezuela’s government controls a criminal gang.

A federal judge found that the Trump Administration violated a court order when it sent a planeload of migrants to war-torn South Sudan, teeing up yet another possible contempt proceeding against the government.

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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SCOTUS PER CURIAM Decision Temporarily Blocking Alien Enemies Act Deportations May 19, 2025

Show notes

"The President has invoked the Alien Enemies Act (AEA), Rev. Stat. §4067, 50 U. S. C. §21, to remove Venezuelan nationals who are members of Tren de Aragua (TdA), a designated foreign terrorist organization. See Presidential Proclamation No. 10903, 90 Fed. Reg. 13033 (2025). Applicants are two detainees identified as members of TdA and a putative class of similarly situated detainees in the Northern District of Texas. All of the alleged TdA members in the putative class are currently being held in U. S. detention facilities. In the application before the Court, the detainees seek injunctive relief against summary removal under the AEA."

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Ed Martin, WCADAGPA May 18, 2025

Show notes

Judge Xinis holds a hearing over whether certain discovery in the Abrego Garcia case is subject to state secrets and deliberative process privilege.

Trump administration lawyers submitted documents under seal to Judge Boasberg they say show the US "does not have constructive custody over" El Salvador CECOT detainees.

Ed Martin reveals that he’s under investigation by the ethics office that handles attorney discipline in Washington, and reveals he’s working with January 6th defendants in his role as the Weaponization Czar

Tulsi Gabbard has fired the intelligence officials that developed the assessment that tren de aragua is not a proxy of the Venezuelan government

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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https://democracyforward.org/

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Dubious Privilege (feat. Skye Perryman) May 11, 2025

Show notes

There are now multiple cases challenging the administration’s Alien Enemies Act proclamation; including a hearing by Judge Boasberg for an amended complaint filed on behalf of all the detainees in El Salvador.

Judge Xinis has had to pause the discovery in the Abrego Garcia case to contemplate the Trump Administration’s invocation of the state secrets and deliberative process privilege.

Justice Department lawyers continue to lose credibility before judges who are upset by their shoddy work.

President Trump pulls the nomination of Ed Martin for Us Attorney in the District of Columbia and appoints Fox anchor Jeanine Pirro as interim US Attorney.

Plus listener questions…

Skye Perryman
https://x.com/skyeperryman

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Constructive Custody May 04, 2025

Show notes

Discovery in the Abrego Garcia case resumes after Judge Xinis denies the trump administration an additional extension

Ed Martin’s nomination as United States Attorney for the District of Columbia is teetering on the brink after Senator Dick Durbin says that the Senate is not going to move forward with it.

Department of Justice civil rights attorneys leave in droves as the administration guts programs for crime victims

Pam Bondi rescinds Biden-era protections preventing the Justice Department from spying on journalists.

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Misdemeanor Terrorist Apr 27, 2025

Show notes

Judge Xinis postpones discovery in the Abrego Garcia after the government files a request to delay under seal.

A conservative three judge panel for the DC Circuit Court of appeals temporarily blocks Judge Boasberg’s opinion that probable cause exists to hold the government in criminal contempt in the Alien Enemies Act case.

The Supreme Court issues a late night order blocking the rendition of hundreds of additional detainees to El Salvador.

A Reagan appointed judge lambasts the Department of Justice for not only failing to provide reasoned analysis for shuttering the VOA, but for failing to engage in any analysis at all.

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Criminally Contemptible Apr 20, 2025

Show notes

Judge Boasberg issues a memorandum opinion that concludes that probable cause exists to find the Government in criminal contempt for defying court orders in the Alien Enemies Act case.

The Fourth Circuit denies Trump’s bid to block Judge Xinis’ order to facilitate the return of Abrego Garcia, as she orders two weeks of discovery prior to considering holding the government in contempt.

The ACLU has filed a new habeas petition pursuant to Judge Boasberg’s order for due process for those remaining in El Salvador under the Alien Enemies Act proclamation.

The CIA concedes in a court filing that when it scanned Director John Ratcliffe's Signalgate messages, they were gone.

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Blindingly Naive and Oblivious (feat. Steve Vladeck) Apr 13, 2025

Show notes

The Supreme Court has ruled that individuals being deported under the alien enemies act proclamation are afforded due process, and that the courts can ask the government to facilitate the return of wrongfully deported detainees

The Department of Justice is seeking to drop the charges against the alleged MS-13 leader they held a press conference about arresting.

FBI Director Kash Patel has been quietly removed as the Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives after he stopped showing up to work.

The Department of Justice lawyer who argued on behalf of the government in the Abrego Garcia case has been benched because he expressed frustration with his clients during a hearing. His supervisor has also been sidelined.

The DC Office of Disciplinary Counsel has declined to launch a probe of Ed Martin, the interim U.S. attorney, over an alleged ethics violation he committed when he sought to dismiss the criminal case of a January 6th defendant whom he previously represented.

Donald Trump signs an executive order opening investigations into Chris Krebs and Miles Taylor.

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Steve Vladeck
https://www.stevevladeck.com

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